OBSERVANCE OF HUMAN DIGNITY; EXCLUDING THE EVIDENCE OBTAINED IN VIOLATION OF THIS RIGHT DURING THE PRELIMINARY CHAMBER PHASE

Abstract

Production of evidence, as a procedural activity carried out by the criminal judicial bodies, must be made in strict accordance with the legal provisions, so as not to harm the rights and legitimate interests of any person; at the same time, the existence of a deontology regarding the methodology of production of evidence is fundamental in the probation process. If the criminal investigation bodies proceed to the production of evidence with non-respect regarding the right to human dignity, the preliminary chamber judge will be able, in accordance with the law, to apply the sanction of exclusion of the evidence.